Stamp duty on taking over mortgage

[SaraBH78]

Hi
I just wanted some advice please.
I've owned my house since 2000. I foolishly put my fiancé and father of my child on my mortgage summer 2014 so that we could realise equity to do the house up, so I basically gave him a free share of my house. He was only paying half of the mortgage for 8 months and then he moved out May 2015. I've been paying the mortgage on my own since then - I'm currently trying to get the mortgage company to agree to remove his name but I haven't passed the affordability test as I'm only working part time at the moment, as I'm worse off financially working full time with childcare costs. Because I've been paying it on my own for two years, they have said they may consider it, but the mortgage company have now mentioned that I may have to pay Stamp Duty, which I'm not in a position to pay. The property is worth £350k and the mortgage is £176k. My ex doesn't want anything as he had £13k out of the release of equity.
I was therefore wondering if there is any way around paying the stamp duty for what is essentially my own home which I have owned for 17 years.
Thanks in advance!
Sara

[someone]

As no one else has replied I'll make a guess.

I think you're basically saying you're going to take on your fiance's half of the mortgage, there being no other consideration (you're not paying him anything else)

Therefore you're effectively paying him 88K (half of the outstanding mortgage) which is below the 125K threshold where stamp duty becomes due.

Therefore, I _THINK_ you won't have to pay anything.

But... It might be the case that it will be considered that he's making a gift of the rest. I don't think this affects stamp duty but it might trigger a CGT liability for him. He will get (I assume) PRR so I don't think it will be much. But he's already been moved out for nearly two years and he only gets the last 18 months for PPR so the longer you leave it the more likely there will be a CGT bill.

I would have assumed similar would have applied when you gave him a share back in summer 2014 - did you have to pay SDLT then?

Are you tenants in common or joint tenants? If you're tenants in common then he could give you his part over several years if there's a CGT liability (before and after April 6th). Assuming you own it 50/50 he gives you 25% now and the final 25% and gets removed from the mortgage in the next tax year. But you'll need proper advice, not some bloke on the web before you try this!

[someone]

Just to make clear. CGT will be his liability to pay, not yours so you don't need to do anything special if he agrees to give you his share in return for being taken off the mortgage. (which is why parties in deals like this are usually advised to get independent legal advice and not use the same solicitor)

[maths]

When you added fiance to the mortgage did he also acquire a beneficial interest in the property; if so, what %.

If he did acquire a beneficial interest, but has now left, has he retained this interest.